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Full text of "Minority political participation in North Carolina"



^ • -^ P^H^ 



by Stephanie Ann Cox, Intern 



Spring 1983 



Dryc 



Minority 
Political 
Participation 

in 
North Carolina ^«^ ''''' 



North Carolina Human Relations Council 
North Carolina Department of Administration 



Digitized by the Internet Archive 

in 2011 with funding from 
State Library of North Carolina 



http://www.archive.org/details/nninoritypolitica83coxs 



MINORITY POLITICAL PARTICIPATION 

IN 

NORTH CAROLINA 



by 

Stephanie Ann Cox, Intern 
North Carolina Human Relations Council 



TABLE OF CONTENTS 

Page 

PREFACE 

Overview of the Voting Rights Act of 1965 as Amended 1 

The Voting Rights Act in North Carolina 5 

Barriers to Minority Registration and Voting 9 

Barriers to the Minority Vote 13 

Analysis of Registration and Voting Patterns 14 

Barriers to Fair Representation 18 

Notes 23 

APPENDICES 31 



PREFACE 



The Reverend Charles Ward told a group of college interns 
recently that when he was coming up in Georgia, blacks were encour- 
aged to make their living in North Carolina.^ The state was con- 
sidered more progressive and blacks thought that they might enjoy 
equal pay for equal work. North Carolina enjoyed a reputation 
unsullied by the racial extremes of the Deep South and despite 
remaining barriers to registration, specifically the literacy test, 
black registration in 1965 was the highest in the south. 2 

The adoption of the Voting Rights Act and North Carolina's own 
electoral reforms brought a period of progress in black political 
participation. Registration rates rose and more minorities were 
gradually elected to office. However, within the seven years fol- 
lowing the Voting Rights enactment, North Carolina moved from first 
to last place in black registration. 3 The Tarheel state presently 
lags far behind other Southern states in the number of black elected 
officials. 

Minorities in North Carolina, which generally refer to blacks 
and Indians, but also Republicans in some instances, have always had 
to struggle for the right to vote. The battleground has now moved 
to making the minority vote count once the ballot has been cast. 
This battle did not end in the 1950's or even the 1970's. Unfortu- 
nately, too many people of all races have no idea that there is any 
reason left to fight. 

This report presents information about the continuing barriers 
to minority political participation in North Carolina, pinpoints 
where they exist, and outlines their effects on the minority com- 
munity. In his Citizens Awareness Year, Governor James B. Hunt, Jr. 
targeted the county boards of election for his registration efforts. 
This report focuses primarily on the county level also. Information 
was compiled from the reports of: the State Board of Elections, 
the Institute of Government, the United States Department of Justice, 
the American Civil Liberties Union, and the United States Commission 
on Civil Rights. 

In light of the impact of the Voting Rights Act on the status 
of minority political participation, this report begins with an 
overview of that landmark legislation. Amendments by Congress in 
1981 and 1982 have changed its complexion favorably. The signifi- 
cance of these provisions is also included. 

The purpose of this report is to inform interested citizens 
about the status of minority political participation and the subtle 
barriers that linger from the last two centuries. 



OVERVIEW OF THE VOTING RIGHTS ACT OF 1965 AS AMENDED 

The Voting Rights Act became law on August 7, 1965, ninety- 
five years after the 15th Amendment was adopted. 4 The process 
contained general provisions for the nation as a whole and temporary 
provisions for specific jurisdictions. The permanent provisions 
prohibited voting procedures that denied the right to vote based on 
race, color, or minority language group. The prohibited procedures 
included literacy tests or devices as preconditions to register, 
election laws that impede the exercise of voting rights, and any 
other practice that deprives minorities of the right to a political 
voice. The act required that any changes in local voting laws be 
submitted to the Department of Justice in areas where: (1) The 
jurisdiction maintained a test or device as a precondition to 
voting in 1964, and (2) Where less than 50 percent of the total 
voting age population were registered or actually voted in the 
presidential election of 1964.6 jhis coverage was not limited to 
any one geographic region. Forty North Carolina counties eventually 
fell under this provision. 7 These counties, by type of coverage, 
are listed in appendix A. 

In 1970 the act was extended for five years. The coverage 
formula was extended to any jurisdiction where a literacy test had 
been maintained and less than 50 percent of the voting age popula- 
tion were registered or voted in the presidential election of 1968.8 
In 1975 the act was again extended, but this time for seven years. 
The literacy test was permanently prohibited as a precondition for 
registration. Special provisions requiring assistance to language 
minorities were added to prevent voting discrimination against 
citizens who speak a foreign tongue. The triggering formula was 
extended to cover the presidential election of 1972.9 

Some of the more specific provisions included exemption from 
coverage, appointing federal observers and examiners, special ga^ge 
provisions. The preclearance provision in Section Five has had the 
widest impact. Any change in voting laws, practices, or procedures 
in a jurisdiction that meets the criteria of Section Four must be 
submitted to the U. S. Attorney General or to the U. S. District 
Court for the District of Columbia. ^0 The jurisdiction must prove 
that the proposed change will not have a racially discriminatory 
purpose or effect. On the basis of this evidence, the Assistant 
Attorney General for Civil Rights makes a determination after sixty 
days. This period is doubled if additional information is needed. '1 
In 1969 the Supreme Court held that all changes, no matter what the 
scope, must be submitted. Every aspect of an election process is 
included. 12 From 1965 to 1980, a total of 34,798 changes have been 
submitted for review from covered jurisdictions. They are included 
in Appendix B. A total of 815 objections have been returned to 
submitting jurisdictions from 1965 to 1981.13 



The bail -out option exempted a jurisdiction from Section Five 
coverage through an action for declaratory in the U. S. District 
Court for the District of Columbia. Exemption is granted if the 
court decides that the state or jurisdiction has not employed a 
test or device for the purpose of or with the effect of denying the 
right to vote to a racial minority for the previous seventeen years. 14 
No jurisdiction has been granted a ball-out to date. 15 

Since its 1965 passage, several Supreme Court interpretations 
have had an impact on the Voting Rights Act. The constitutionality 
of the act was upheld in South Carol ina v. Katzenbach , 383 U. S. 
301 (1966). The Supreme Court has generally interpreted the act's 
scope broadly, but City of Mobile v. Bolden , 446 U. S. 55 (1980) 
limited the scope of Section Two. Its decision had the effect of 
requiring proof that there was an Intent to discriminate. This 
decision made proving unlawful vote dilution more difficult, even 
in cases where annexations or at-large systems had the undeniable 
effect of vote dilution. 16 This particular case dealt with an at- 
large system which had existed in Mobile, Alabama since 1911. As 
the Voting Rights Act was being tailored to counteract this court 
decision, a new case concerning Burke County, Georgia was being 
argued before the Supreme Court. 

In 1981, with the impending expiration of key provisions of the 
Voting Rights Act, the Congress dealt with a series of policy ques- 
tions. Each of these issues had the potential to change the com- 
plexion of the act. At stake were the preclearance provisions, 
bail-out provisions, and the "effect" or "results" test under 
Section Two. The House considered the act first in the summer of 
1981 and with little opposition the House Judiciary Committee sent 
the extension to the floor. House Bill 3112 passed on October 5, 
1981 by a vote of 389-24.17 with bi-partisan and Southern support 
the battle moved to the Senate chambers. The Senate Judiciary Com- 
mittee approved the bill after the engineering of a compromise by 
Senator Robert Dole, and on June 18 the full Senate amended HB 3112 
to conform with their own version. Senate Bill 1992 passed by a 
vote of 85-8 and was forwarded to President Reagan. 18 

The bill passed with the combined backing of civil rights 
groups. Southern congressmen, and the Reagan Administration. The 
support of the South reflected the changing social mores, and more 
importantly, the Increase In blacks registered to vote. 19 Their 
political voice has grown such that they could not be Ignored. For 
most of the battle the administration declined to testify on the 
act, but after House passage, the White House announced its support 
of extending Section Five. President Reagan maintained his opposi- 
tion to the "effects" test, however, until after the Dole compromise, 
when he was convinced that It would pass with or without his 
support. 20 



The Voting Rights Act as amended, contains seven key pro- 
visions which were not included in the 1975 version. The most con- 
troversial provision allows private parties, under Section Two of 
the Act, to prove a voting rights violation by showing that an 
election law or procedure has been applied in a manner that "results" 
in voting discrimination. 21 This section is permanent and applies 
nationwide. The House included the results test in its version, 
but in order to pass the Senate Judiciary Committee, Senator Dole 
added a section spelling out how the test could be met. In the 
language of a 1973 Supreme Court case. White v. Register , the bill 
states that a violation may be proven "if, based on the totality 
of circumstances, it is shown that the political processes leading 
to nomination or election in the state or political subdivision are 
not equally open to participation by minority groups. "22 The 
totality of circumstances will include such considerations as racial 
block voting, employment discrimination, and the responsiveness of 
elected officials to minority requests. Senator John East, Senator 
Orrin Hatch, and others argued for months that the "results" test 
would threaten all at-large election systems and usher in a require- 
ment of proportional representation for minority groups. 23 One 
amendment attempt by Senator Jesse Helms would have authorized judges 
to order proportional representation or quotas for minorities. His 
rather sarcastic motion was rejected by a 1-94 vote. 24 Senator 
Dole's compromise addressed the issue of proportional representation 
that caused some senators much concern. The second provision of the 
amended Voting Rights Act was the key ingredient in this compromise. 

The Dole compromise wording again came directly from White v. 
Register . It specified that in Section Two lawsuit, "nothing... 
establishes a right to have members of a protected class elected in 
numbers equal to their proportion in the population. "25 This pro- 
vision further specified that lack of proportional representation 

is only one circumstance a court can consider in a Section Two law- 
suit. 2B 

A third compromise provision extended Section Five for 25 
years with a congressional review after 15 years. 27 The House 
version extended the preclearance mechanism indefinitely, but many 
congressmen doubted the constitutionality of such a provision. The 
twenty-five year extension is the longest in the history of the 
Voting Rights Act and will provide continued protection for covered 
states and political sub-divisions. 28 

With this lengthy extension came a new "bail -out" section to 
take effect in 1984.29 The present version of Section Four will 
remain in effect until August 5 of that year. 30 The new option will 
allow a jurisdiction to bail -out from preclearance coverage if it 
can show a three-judge panel in the District of Columbia that it 
had a clean voting rights record for the preceding 10 years. 31 Areas 
that successfully bailed-out could be brought back under coverage if 
they violated the law during a ten-year probationary period following 
exemption from coverage. 32 mq state can be exempted as long as any 
political subunit does not meet the act's requirements. 33 



The fifth provision spells out what a clean voting rights record 
will require of a state or county. The jurisdiction will not be 
granted exemption from Section Five unless it fulfills the following: 
local authorities have not used any voting test or device in a dis- 
criminatory manner; there has been no final judgment of a federal 
court finding a violation of the voting rights law; there has been 
no consent decree, settlement or agreement entered into concerning 
voting rights violations; the Attorney General has not been required 
to send in federal examiners to help in the registering of voters; 
local officials have complied with the preclearance requirement by 
submitting all required election changes to the Justice Department 
and by repealing all changes to which the department objected; and 
the jurisdictions have made "constructive efforts" to include 
minorities in the elections process and to end intimidation of 
potential voters. 34 

The amended act extends the provisions which require certain 
areas of the country to provide bilingual election materials until 
1992.35 

Finally, the 1982 version authorizes any voter who is blind, 
unable to read, or disabled, to be assisted at the voting booth by 
a person of his or her choice. 35 This assistance may not be pro- 
vided by the voter's employer. 37 An amendment by Senator East 
further restricted this assistance by excluding union officers. 38 

Following the passage of the amended Voting Rights Act, the 
U. S. Supreme Court ruled on the at-large case from Burke County, 
Georgia. 39 According to the New York Times News Service report, 
the ruling provided that circumstantial evidence "can be sufficient 
to prove that an electoral system was created or maintained for 
the purpose of discriminating against black voters." Therefore, 
Burke County's at-large system was found unconstitutional because 
the circumstantial evidence, such as black poverty, evidence of 
historical discrimination, and their exclusion from politics, 
served to prove discriminatory purpose in this election system. 41 
The decision was somewhat outdated given the Congressional amend- 
ments passed beforehand. The Supreme Court established a more 
lenient standard for proving intent for proof of intent is no 
longer required. Its significance is somewhat limited now, but will 
serve as a guide to the type of evidence courts can properly con- 
sider in election discrimination cases. 42 



THE VOTING RIGHTS ACT IN NORTH CAROLINA 



The impact of the Voting Rights Act of 1965 has been less clear 
in North Carolina than in other southern states. Minority leaders 
cite several reasons for this limited impact. A report of the 
Voter Education project listed three causes. First, our state was 
less "recalcitrant" in granting suffrage than other Southern states, 
so Blacks had less opposition to overcome. Second, racist North 
Carolinians could no longer justify the denial of suffrage, even to 
minorities. The third reason was that state officials did not fear 
minority participation because they did not populate the state in 
sufficient numbers to dominate politics. They felt that to deny 
free registration would spur it. 43 Representative Dan Blue, Kelly 
Alexander, and Benjamin Ruffin all cite historical reasons for low 
minority registration. They said that since blacks from other states 
had been so wery oppressed in the past, they took advantage of the 
opportunities the Voting Rights Act gave, while black North Caroli- 
nians remained complacent. 44 so while minorities in our state had 
less ground to make up, they have been slower in doing it since the 
passage of the Voting Rights Act. 

One of the ways to assess the impact of the Voting Rights Act 
is to compare the relevant statistics before and after 1965. When 
comparing registration figures we find that there was indeed a posi- 
tive impact on the number of blacks registered to vote. Registra- 
tion figures in the early 1960's have been compiled through census 
reports and surveys for these comparisons, since most election boards 
did not require racial breakdowns of their registration lists. 45 
The Voter Education Project in Atlanta estimates that approximately 
258,000 blacks were registered to vote in North Carolina in 1964.45 
In 1980, the State Board of Elections reported black registration 
of 439,713, almost a doubling of the 1964 estimate. 47 in a 1981 
article in The Charlotte Observer , the author reported that the 
Northeastern counties have made marked turnarounds in black poli- 
tical participation since the 1964 enactment. These counties are 
predominantly populated by blacks who had been oppressed at the polls 
for many years prior to 1965.48 

In comparing percentages rather than the raw tools, once again 
the state's black participation shows improvement. In 1960, the 
Voter Education Project estimates that 39.1 percent of the North 
Carolina blacks eligible to vote were registered. 49 This percentage 
reached its peak in 1976, when 54.8 percent of the eligible blacks 
had their names on registration lists. 50 in 1980, the N. C. State 
Board of Elections reported a percentage of 49.2.51 jn February of 
1982, black regi stration was 42.7 percent. 52 

A third indicator of political participation is whether or not 
a minority group can place their people in elective positions. A 
report published by the United States Commission on Civil Rights 
compared the number of black elected officials in Voting Rights Act 



-6- 



covered states for 1974 and 1980. The report computed the percentage 
change for these states. In every state the number of black elected 
officials rose dramatically, ranging from a 143.6 percent increase 
in Louisiana to a 55.3 percent increase in North Carolina. 53 These 
comparisons are listed in a table in appendix C as well as the per- 
centages of elected positions held by blacks in 1980. In 1980, out 
of a total number of 5,295 elected official positions, 247 were 
filled by black North Carolinians, yielding a percentage of 4.7.^4 

The registration figures and black elected officials for February 
of 1982 are included in appendix C. On all three counts, number of 
blacks registered, percentage of the eligible black population regis- 
tered, and black elected officials, there has been remarkable progress 
since the Voting Rights Act passed in 1965. The act's extension in 
1975 is usually credited with the increased number of black elected 
officials. There continues to be a disparity between the percentage 
of whites and blacks registered. This disparity presently ranges 
around twenty percent, but this gap has been narrowed since 1955 also. 

North Carolina has another means of measuring the effectiveness 
of the Voting Rights Act since only forty of its counties are covered 
by the preclearance provisions of Section Five. Comparisons between 
North Carolina's covered and non-covered counties are included in 
appendix B. Each of these comparisons was compiled from 1982 regis- 
tration statistics .55 in non-covered counties, total registration 
in February of 1982 was 12.46 percent higher than covered counties. 
Non-white registration was 7.39 percent higher in non-covered counties 
and white registration was 9.3 percent higher. The percentage of 
registered voters who cast ballots in the 1976 and 1980 presidential 
races was around three percent higher. In every category of com- 
parison, the non-covered counties exceeded covered counties in poli- 
tical participation for both races. 

In comparison of black elected officials for 1982, covered and 
non-covered counties were roughly equal. Non-covered counties had 
the same number of state officials, twice as many county officials, 
several more municipal and judicial officials, and 13 less in educa- 
tion. There was no appreciable difference in the effectiveness of 
the covered counties to put blacks in office. 

These comparisons of counties within our state indicate that 
the counties which are not required to submit all election law 
changes to the Justice Department are more progressive on the whole 
than the forty covered counties. This conclusion, while initially 
surprising, is easy to explain. First, the provisions of Section 
Five only applied to the problem areas of North Carolina. If a 
county did not meet any of the trigger mechanisms set out in Section 
Four in 1964, 1968, or 1972 then Congress assumed that pervasive 
discrimination would not be present. These sixty excluded counties 
were the most progressive (or least oppressive) in 1964 and have 



made continued progress at the same pace as the rest of North 
Carolina. The problem counties started with a huge deficit to make 
up in black registration. Without the protection offered by Section 
Five, there is little doubt that these counties would lag even further 
behind. Second, the comparisons between total registration and white 
registration indicate different attitudes toward political partici- 
pation in covered and non-covered counties. Non-covered counties 
have populations of all races who are more likely to register, and 
once registered, to get out and vote. This is not likely due to 
their location within the state. The covered counties are almost 
entirely limited to the eastern part of the state, where income 
levels for both races are lower than North Carolina's average. Poor, 
rural counties generally have lower registration rates and these 
counties are made up mostly of farming regions. These demographic 
conditions cannot be changed at all by preclearance protections, but 
by preventing barriers to registration and voting. Section Five will 
insure that no one who wishes to vote will be turned away. 

Within the last year Section Five has protected the entire 
state from possible gerrymandering. As the North Carolina legisla- 
ture drew up plans for redi stricti ng , black populations were con- 
cerned that they would be diluted in predominantly white districts, 
but since this constituted a change for the forty covered counties, 
the plan had to be submitted to the Justice Department. Many plans 
were submitted and rejected, even to the point of delaying the 
scheduled primary. Finally a redistricting plan emerged that could 
be found without discriminatory effect. Minority voting strength 
was protected and minority candidates were able to compete with more 
confidence because of Section Five protection. 

Still there are some in North Carolina who would deny the effec- 
tiveness of the Voting Rights Act of 1954 or object to its applica- 
tion in North Carolina. Quoted in a newspaper interview. Former 
U. S. Senator Sam J. Ervin, Jr. said, "By the time of the act, 
states like North Carolina had practically abandoned the discrimina- 
tory practices of the past. "55 The State Elections Director feels 
that the need for the preclearance provision has passed in North 
Carolina. 57 while many blacks in the state concede that barriers 
to the black vote have declined, almost to the point of complete 
freedom to register, the institutional barriers to registration and 
fair representation continue to weaken minority political partici- 
pation. They fear that a great potential for discrimination still 
exists. 58 

There is ample evidence to support the claim that the potential 
for discrimination persists in North Carolina. This evidence is 
included in appendix B, listing the changes which have been sub- 
mitted to the Justice Department since 1965.59 The potential to 
discriminate lies in the 1,198 changes submitted by North Carolina 
during that period, but more directly, it lies in the number of 



objections which have been interposed. All of the North Carolina 
objections in the table occurred within an eight -year period from 
1972 to 1980. There were sixty-two objections in all. 60 without 
the preclearance provision, these changes which could not be judged 
with discriminatory effect would be in practice today. There would 
be that many, if not more, barriers to minority participation. The 
type of changes objected to for all covered states is in appendix 
B, along with a detailed list of objections sent back to North 
Carolina. The number one objection is to annexation, with at-large 
elections and majority vote following close behind. 51 As long as 
North Carolina is changing election laws that the Justice Department 
objects to, there is a great potential for discrimination. 

Additional evidence that supports the claim that the potential 
for discrimination persists in North Carolina are the frequent inci- 
dents of non-compliance with Section Five. The Southern Regional 
Council in Atlanta, Georgia conducted a study on non-compliance in 
five southern states. 52 jn North Carolina, according to this study, 
159 acts affecting only certain counties have not been submitted 
under Section Five since 1965. Thirty-one counties have been affected 
by local non-submitted acts. As long as certain counties refuse to 
comply with the provisions of the Voting Rights Act, North Carolina 
could again fall victim to the discriminatory practices of the past. 

A final piece of evidence for our continuing need for Section 
Five protection is the trend in minority registration. Despite the 
progress made in the past seventeen years, minority registration 
rates in North Carolina have been falling since their 1976 peak at 
a little over fifty percent. 

In conclusion, the Voting Rights Act in North Carolina has 
wrought measureable progress towards equality at the polls with an 
increase in the number of minorities registered, voting, and serving 
in office. 

North Carolinians can cite a recent example of Section Five 
protection against gerrymandering as proof or positive impact of the 
Voting Rights Act. Minority leaders are hopeful that even greater 
reforms may take place in North Carolina as a result of their victory 
on Capitol Hill and in the Supreme Court. However, Sam Ervin's claim 
that voting abuses were over in 1965 does not hold up under testing. 
While North Carolinians can rejoice in its progress thus far, they 
cannot ignore the continued threats to that progress. Minority 
registration has always lagged behind white registration, but now 
that trend is more severe as black registration rates fall. Minority 
voting and election remain depressed. Each of these trends is the 
result of blatant disobedience to Section Five and the barriers to 
registration, voting, and fair representation that persist in the 
state. These barriers will be the focus of the remainder of this 
report. 



-9- 



BARRIERS TO MINORITY REGISTRATION AND VOTING 

The first step in the process of voting in North Carolina is 
registration. The General Statutes require that a person get his 
name on a county registration list before he can vote. The rela- 
tively simple procedure designed to prevent fraud has been used effec- 
tively as a roadblock to the minority vote. Low registration rates 
among minority citizens throughout the South can be attributed to 
a series of inconveniences and barriers in the registration proce- 
dure. 53 In their recent book on voting in the United States, Raymond 
Wol finger and Steven Rosenstone discussed some of the disadvantages 
of registration. 64 They concluded that "registration raises the 
cost of voting. "65 j^g registration effort is often more difficult 
than voting, as it requires a longer trip, a more complex procedure, 
less convenience, and registration, and "must usually be done before 
interest in the campaign has reached its peak. "66 Registration in 
North Carolina is inconvenient, complex, and must be completed thirty 
days before the election. These general disadvantages to registra- 
tion in combination with other barriers affecting primarily the 
minority community due to their depressed economic status, remain 
an effective obstacle to minority participation. 

The barriers to registration in North Carolina fall into five 
categories. They are: access to the site, intimidation by the site, 
purging and re-registration, the complex procedure, and the coopera- 
tion of the individual county boards. 

One of the major problems minorities must deal with in regis- 
tration is access to the registration sites. 67 a publication by the 
United States Commission on Civil Rights68 as well as reports from 
individual states' advisory committees, 69 and reports from the 
American Civil Liberties Union^O cite access to the registration 
site as the primary vil lain to minority registration. These problems 
are a direct result of the fact that registration offices operate 
during business hours and that the office is located in an urban 
area. These offices are, for the most part, "inaccessible to rural 
and low income people, either because they cannot afford transpor- 
tation to the registration location or because the office is closed 
before they can get there to register. "^^ 

The election laws of North Carolina require ewery county board 
to establish a full-time system of registration so that the books 
are open continuously. ^2 j^g statutes do not, however, establish 
the operation hours. Counties having greater than 14,001 registered 
voters are simply instructed to operate registration "at all reason- 
able hours and times consistent with the daily function of all other 
county offices."'-^ Counties with less than 14,000 operate under a 
modified full-time system, whereby the State Board of Elections does 
not necessarily require that they "be open such as is required" in 
full-time counties. 74 According to a 1983 publication by the State 
Board of Elections, thirty-seven counties operate their offices 



-10- 



three days a week. 75 Twelve of these counties operate only four 
hours each of the days they are open, for a total of twelve hours 
per week. Forty-five counties offer library registration, while 
a few counties register regularly on bookmobiles, in high schools, 
and in branch offices for different townships. A survey of thirty- 
eight counties showed that many county boards send registrars to 
shopping centers, a few visit banks, community colleges, industrial 
plants, nursing homes, driver's license offices, or churches. 
Thirteen of the counties go where requested. Two operated door- 
to-door efforts in the last election. These results of this survey 
as well as an explanation of its methods are printed in appendix D. 
Efforts to make registration more accessible have reached many 
persons who otherwise might never have registered. They are, how- 
ever, dependent on county-by-county initiative. To this day, the 
central office is still the primary registration site with its 
accompanying inconvenience to rural and working people. 

A second barrier to registration is intimidation by the site. 
Not only is the office in an urban center, it is usually in the 
courthouse or townhall. The courthouse is a long-standing symbol 
of white domination and control . Its processes have been kept from 
the black population, so it is a mysterious, often threatening place. 
It is safe to say that every county election board office in North 
Carolina is housed in either the courthouse, the county office 
building, or in some similar annex. ''^ The Rockingham County Board 
of Elections is located in the Old Jail, and one surveyed county 
answered, "Office of Veteran Affairs" when called. Symbols of white 
domination may inspire fear in older black citizens or hopelessness 
and apathy in younger blacks. Another intimidation factor is "in- 
home" registration whereby registrars and judges register voters in 
their homes. This spreads the registration process to every precinct, 
but does not solve the minority problem. "In-home" registration 
takes place at the precinct officials' convenience. They may deny 
whomever and whenever it is not convenient for them. According to 
the survey, only 14 percent of these precinct officials are non- 
white. Most blacks and Indians might be reluctant to call and travel 
to a white home in a white neighborhood, especially if their request 
might be turned down. 

The third major barrier to minority registration in North 
Carolina is the purge. The General Statutes provide that "any voter 
who neither voted in the first nor the second of the two most recent 
consecutive presidential elections shall be purged. "77 The names of 
those voters who "failed to vote in any other election conducted in 
the period between the two presidential elections"78 will also be 
removed from registration books. The statute also states that the 
county boards shall purge those voters "who have moved their residence 
from the county as indicated by cancellation notices received from 
other counties and other states. "79 Counties shall also purge the 
names of those who have died according to the Department of Human 
Resources' certified list. 



-n- 



There are two primary problems for minorities relating to the 
purge. A person's name could be removed from registration lists 
without their knowledge. 80 Voters who have not been adequately 
notified that they must re-register will show up at the polls, only 
to be denied. The Department of Justice objected to a Texas purge 
law in 1975 for this reason. 81 The Attorney General found a poten- 
tial discriminatory effect if the technical procedures were not fully 
explained to all citizens. He is quoted in The Voting Rights Act: 

Unfulfilled Goals as saying, "Unless the participation in (purging 

and re-registration) by minorities is encouraged, purging and re- 
registration activities can be discriminatory in effect. "82 j. Stanley 
Pottinger, Assistant Attorney General in the Civil Rights Division, 
clarified this discriminatory effect in his objection letter to Texas 
and outlined a second obstacle erected by the purge. "A requirement 
that everyone register anew, on the heels of registration difficul- 
ties in the past, could cause significant frustration and result in 
creating voter apathy among minority citizens. "83 So the purge is 
a procedure that must be thoroughly communicated to anyone affected 
in order to assure equity. Even after this communication, however, 
some people will find the hurdle of registration too high to jump 
again. 

The purge figures for North Carolina in 1980 are included in 
appendix E. A total of 295,745 purge letters were mailed by the 
counties. 84 Almost 25,000 voters responded with the answer card 
included in the purge letter. The final number of voters purged 
from registration lists was over a quarter of a million people. 
That is ten percent of all the voters registered in October of 1980 
before the purge. The proportions are staggering when you think of 
each of these persons having to re-register. There are no racial 
breakdowns of the purge, but by comparing the registration figures 
for before and after the purge an estimate is possible. The pro- 
cedure is outlined in appendix E. Within eight months there were 
59,150 fewer non-whites registered. The percentage of non-whites no 
longer on the voting roles was 20 percent of the total, but only 16 
percent of all registered voters in 1980 were non-white. Non-whites 
were purged at rates higher than their proportions of the registered 
population. As a result after the purge, non-white made up a smaller 
share of the registered voters, while the white share grew by that 
amount. In these comparisons lies the hard and fast proof that the 
purge has a discriminatory effect. 

The fourth barrier to registration is the procedure itself. 
While the procedure may seem simple enough to those who design it, 
filling out forms can be intimidating to those who are not used to 
it. Once again to refer to the book at Wolfinger and Rosenstone, 
they cite the procedure itself as a hurdle to the uneducated. 85 "The 
barriers imposed by restrictive laws seem to make little difference 
to the well -educated but are a fairly formidable impediment to people 



-12- 



with less interest and bureaucratic skill. "86 They believe that 
variations in the complexity of registering has the greatest impact 
on those with the least education, and they cite two explanations for 
this claim. First, education increases political interest and pro- 
vides a greater capacity to understand the political process. Second, 
the bureaucratic skills acquired in school make it easier to complete 
forms and adjust to new procedures. As the authors put it, "More 
education produces both a bigger incentive to jump the hurdle and a 
lower hurdle to jump."^^ As minorities have not had the same educa- 
tional opportunities as whites, the burden of difficult and changing 
procedures fall harder on them. In North Carolina a person must give 
his name, age, place of birth, place of residence, political party 
affiliation, the name of any municipalities in which he resides, and 
any other information which may be material to a determination of his 
identity and qualification to register. 88 These provisions are set 
out in the General Statutes, as well as an oath that must be taken. 
If the registrar is in doubt, he may ask for evidence other than the 
required identification. This could be a very intimidating process 
to someone unfamiliar with forms and oaths, especially if the appli- 
cant felt hostility from the registrar. 

A final barrier to minority participation is the attitude of the 
individual county boards. Some black leaders feel that the counties 
have too much power, and indeed, almost all of the steps needed to 
increase black registration require voluntary initiative by the county 
boards. For example, a recent change in the election laws allows any 
county to appoint special registration commissioners, whose sole job 
is to register voters. Only sixty-six counties have registration 
commissioners and forty of these have five or less. 89 only thirty- 
seven percent of these commissioners were non-white in the counties ; 
surveyed. In the survey calls, most supervisors felt that they h.^d 
done enough to increase minority registration. Two counties surveyed 
expressed the opinion that blacks would only register if the office 
took it to their doorsteps. Many counties complained of unsuccessful 
efforts they had made to register minorities in their county. This 
is a possible explanation for the poor attitude some counties have on 
registration reforms. Local initiative by church groups, NAACP 
chapters, and other civic organizations to register voters depends 
heavily on cooperation by the county board. If the board will not 
appoint special registration commissioners or minority precinct 
officials, then the officials will not be appointed. County boards 
are given almost complete powers of discretion as to what is and is 
not needed in their county. 

In conclusion, non-whites in North Carolina continue to experience 
greater difficulty in registration than whites. In principle the 
inconveniences of registration should be no more difficult for mi- 
norities than they are for whites, but the continued disparity in 
registration shows that in practice, they are preventing minority 
participation. Due to the lower economic position of most blacks 
and Indians in North Carolina, the restrictions on registration have 
been a bigger burden on them. 90 with these barriers to keep blacks 
from registering and the trend towards gradual reduction of non-white 
registrants through the purge, the first step to political participa- 
tion is threatened. 



-13- 



BARRIERS TO THE MINORITY VOTE 



The major hurdle that must be jumped in order to vote is regis- 
tration. With this step completed, minorities have not experienced 
severe difficulty in voting in North Carolina as they have in other 
Southern states. There have been no recent reports of blatant harass- 
ment at the polls, but there have been incidents of "slow-downs" by 
poll workers when minorities come to vote. A greater number of 
minority election workers and poll-sitters should alleviate this 
situation. Isolated charges of absentee ballot irregularities and 
improper sealing of ballot boxes have sprung up in the past, most 
recently in some western counties, but racial impact is seldom 
suggested. One charge of racial discrimination by some black campaign 
workers is that insufficient ballots are sent to predominantly black 
precincts, so that voters cannot participate while the precinct tries 
to get ballots. 91 There are fewer barriers to the vote than to regis- 
tration, primarily because this right is so protected by the state 
and the nation, especially since the provisions of the Voting Rights 
Act, but whites continue to vote at higher rates than registered 
minorities. 



-14- 



ANALYSIS OF REGISTRATION AND VOTING PATTERNS 

The Census Bureau published tables for 1980 comparing regis- 
tration and voting figures on the basis of race, age, and sex. 92 An 
analysis of these percentages reveal definite trends in voter parti- 
cipation. In all races the percentage of the voting age population 
registered rises steadily from age 18 until ages 65 to 75 years. The 
period of life from 55 to 64 years of age is the one of greatest 
registration. This generalization is true for both sexes as well, 
with females registering at a slightly higher rate, usually of one 
to two percent. 

The most recent figures comparing registration among regions 
were published by the Census Bureau in 1978.93 Some of the same 
trends were obvious in the South as in the United States as a whole. ,. 
As Southerners grow older they are more likely to vote, with 18 to 
20 year olds registering at 32 percent of their population and 55 
to 64 year olds at 73.3 percent. Blacks registered at a lower rate 
than whites, as is true nationwide, but blacks are registered at a 
lower rate in the South than other regions. Southern females of all 
races register at a lower rate than males, except from the ages 18 
to 44, where the modern social mores seem to have taken over. 

The most recent comparisons on the basis of income are from 
1978 also. 94 Fixing age, as income rises so does registration. This 
is true for all races. 

The Census Bureau conducted a survey in 1978 of reported reasons 
for not registering to vote on the basis of race, Spanish origin, sex, 
and age. 94 Jhe choices included: recently moved; permanent illness 
or disability; hours or place inconvenient; othersunable to register; 
did not prefer any of likely candidates; not interested, did not 
care, etc.; all other reasons; did not know; and reason not reported. 
The most frequent explanation given was that the respondent was not 
interested or did not care (38.5 percent), while the second most 
frequent answer for all races and both sexes was the category for 
all other reasons. One surprising comparison showed that inconvenient 
hours or place was an answer given less by blacks than whites as an 
explanation for not registering. Other reasons for being unable to 
register was given more frequently by blacks and those of Spanish 
origin than whites. Hispanics were the most apathetic group, with 
whites the second most likely to be uninterested in the races. 

In comparing voting trends once registered, the same basic 
generalizations hold true. As a person ages and makes more money he 
or she is more likely to vote. White males and females are equally 
likely to vote, but black females and hispanic females are more 
likely to vote than their male counterparts. Southerners are less 
likely to vote than the rest of the nation, with white Southerners 
voting more than Southern blacks. The percentage of registered North 
Carolinians who voted in 1976 and 1980 are listed in appendix F by 
county. 



-15- 



The Census Bureau also conducted a survey on the reported reasons 
persons do not vote even though they are registered. 96 The responses 
included the following: no way to get to the polls; could not take 
time off from work; out of town or away from home; sick or family 
emergency; did not prefer any candidates; not interested; don't care; 
etc.; all other reasons, don't know; and reason not reported. The 
most frequent response among blacks was sickness or family emergency, 
especially for black females. All other reasons were given most 
frequently by all races and both sexes, but apathy or lack of interest 
was given only one half of one percent less. It was the most frequent 
answer for persons of Spanish origin. Older persons were more likely 
to cite a lack of transportation or illness, especially older blacks. 

What may be surprising about these results is that the tradi- 
tionally thought of obstacles to voter turnout are not cited as fre- 
quently as apathy or other reasons. The modern phenomenon, non- 
participation, sweeping our country has been thought to be more likely 
among disconnected citizens. This segment of society is least con- 
nected with the rewards of the political system. 97 it is true that the 
poor and less educated participate at a far lower rate than most 
citizens. Administrative obstacles to registration and voting, such 
as those discussed earlier, have traditionally been cited as a root 
cause of non-participation. Government efforts have targeted these 
obstacles in an effort to improve voter turnout98 but these long 
standing theories have been challenged in recent years, partially 
because of the trend among middle class Americans to refrain from 
voting. The research efforts which have yielded the new theories 
are suggesting a new focus for government efforts to improve voter 
turnout. 

One such theorist is Kevin P. Phillips. 99 He cites a 1971 
study by the Young Democrats as the basis for his claim that local 
election laws are not a major obstacle to voting. The Young Demo- 
crats polled their local registration coordinators to determine the 
major obstacles to registration and voting in every state and they 
found "no significant differences between voter participation in 
states where a large number of obstacles could be found and in the 
nation as a whole. "100 They further concluded, on the basis of 
their results, that "administrative obstacles to registration are 
much less of a hindrance than frequently voiced complaints would 
indicate. "101 

A similar publication by Arthur Hadley supports these results. 102 
The traditionally conceived causes of not voting were cited by only 
two percent of all non-voters in his test group. These traditional 
causes included complex registration procedures and hard to find 
voting places. The author used particular care when studying this 
group of "refrainers" , as he calls them, to make sure that physical 
disenfranchisement was the true reason they did not vote and not 
merely an excuse given out of shame. 103 



-15- 



While some studies confirm that electoral reform is the most 
effective method of enrolling new voters (methods such as in-home, 
supermarket, and street corner registration), especially among 
minorities, ^ 04 past evidence suggeststhat these methods do not 
increase turnout. These reforms most certainly increase registra- 
tion, but have no significant effect on voting, if any effect at 
all J05 jt is a confirmation of this statement that the biggest 
slump in U. S. turnout "came during the period when electoral laws 
were being greatly liberalized and obstacles to registration and 
voting were being stripped away. "^06 Each of these publications 
conclude that registration efforts under the present system might 
better be redirected in most states. 

The study by Arthur Hadley called The Empty Polling Booth , 
breaks the refrainers down into several categories. I U/ Most of the 
government reforms to increase voting are aimed at a group he calls 
"the Bypassed ."1 08 jhe government assumes these refrainers to be 
a majority of the non-voters, when, according to his results, the 
group makes up only 13 percent of the non-voters. The Bypassed 
have low incomes and little education. They have simply been by- 
passed by affluence, free choice, education, and other simple joys. 
This group tends to reside in the Great Lakes States and the Deep 
South. Sixty-seven percent of this group is female, as opposed to 
47 percent of all other non-voters. Eighteen percent of this group 
is black, as compared with 14 percent of all other refrainers. 
This group, which has the most to gain or lose by social change, 
has the least ties with the political instruments that bring forth 
this change.! 09 Unfortunately, the governmental programs aimed at 
encouraging participation by this group are most likely wasted 

because they are the least likely to vote under almost any circum- 
stances. 1^0 

A second commonly targeted group of refrainers are those the 

author calls the "Physically Disenfranchised. "^ They make up 

18 percent of all refrainers. These persons whether for physical 

or legal reasons, including illness, are unable to vote. The 

physical reason for refraining most commonly given was bad health. 

Residency requirements after a recent move was the most commonly 

cited legal reason for being unable to vote. Only four percent 

of all non-voters had troubles registering or voting which are 

"typically associated with voters kept from the polls by hassle. "!!2 

The physically disenfranchised are considered most like voters of 

all the refrainers and as such have the greatest potential for 

reform efforts. The author concludes, "undoubtedly with better 

registration and voting procedures that are designed with the true 

physically disenfranchised in mind, many in this group... will 
vote. "113 



-17- 



The majority of the refrainers, according to Penn Kimball's 
study are like the voters in every way but one, and that difference 
seems to be their own opinion of themselves J 14 This self-evalua- 
tion included whether or not they believe that their lone contribu- 
tion of participation would make any difference. "This self image 
is the product of job opportunities, health, education, discrimina- 
tion, and sometimes simple human kindness." il 5 Education and matur- 
ity have a significant positive effect on feelings of civic duty. 
Penn Kimball concludes that the reforms that might help those 
potential voters with low self-images to take part in the democratic 
processes would include an entire social overhaul. Decent shelter, 
proper health services, fulfilling jobs, and leisure time would have 
to be provided in order to reverse the present trends of apathy, 
despair, and political indifference. It is the people who suffer 
from these social illnesses or who do not feel that their vote will 
count who are most likely to refrain from the electoral process. 116 



• BARRIERS TO FAIR REPRESENTATION 

Once minorities have jumped the hurdles of registration and 
are going to the polls, the battle is far from over. Each of 
those hard earned votes can be diluted until they have little or no 
effect by the more refrained obstacles to fair representation. The 
method by which officials are elected and the boundaries of the 
area they are to represent affect the power and effectiveness of 
the minority vote.N7 These barriers are a sophisticated, entirely 
legal means of closing the door on a black candidate and the hopes 
of his potential constituents. 

The barriers to fair representation for North Carolina fall 
into three major categories. These tools not only affect blacks 
and Indians, but Republicans as well. 118 They are designed to 
protect the positions of whites and Democrats, both of which are 
in the majority. The method of electing and the boundaries of a 
jurisdiction are the two major categories of barriers erected by 
the Democratic Party "to keep the votes of minorities, both poli- 
tical and racial, from being effective at the state and local 
level. "11 9 Candidacy problems limit fair representation also. 

North Carolina has found that the method through which office- 
holders are elected is the most effective way to defeat minority 
candidates. The primary method is the fifty-plus-one rule. Most 
Southern states adopted the run-off primary around the turn of the 
century. 120 In 1915 North Carolina adopted this second election 
following the first primary, which included only the top two 
contenders. Sometimes called the majority vote requirement, it is 
a "favorite way of disadvantaging minorities in the electorate," 
according to the American Civil Liberties Union. 121 The General 
Statutes of North Carolina provide that a candidate for a single 
office must receive a majority in order to be declared the nominee 
or face a run-off with the next-highest vote getter. 122 

A majority is "ascertained by dividing the total vote cast 
for all aspirants by two with an excess of this sum being a 
majority." '23 in races for more than one seat, the procedure is 
similar. A majority is ascertained by dividing the total vote 
cast by the number of positions to be filled, and then dividing 
that sum by two. Any excess of this sum equals a majority. 

The effects of this rule are especially significant in 
jurisdictions where blacks are in the majority and where whites 
refuse to vote for black candidates. 124 This rule inevitably forces 
a minority candidate who won a plurality into a subsequent run-off 
election against the next-highest vote getter. The minority candi- 
date must rely upon white votes to be elected, but whites generally 



-19- 



regroup to support the white candidate. 1 25 a run-off with a white 
candidate, without some white support, generally spells defeat for 
aspiring minorities. A recent example was the race for the Second 
Congressional District. Mickey Michaux won a plurality in the 
primary, but not 50 plus 1, so he had to face Tim Valentine, a white 
candidate, in a run-off. The black candidate was defeated. So 
while a jurisdiction may be forty percent minority, minorities have 
never been able to put someone in office because of this law. The 
Supreme Court has said that while the majority vote rule is not 
unconstitutional per se, it "enhances the opportunity for racial 
discrimination. "1^5 

A second devastating barrier to fair representation is the at- 
large election. An at-large system requires that e\/ery candidate 
be elected from the entire county or district rather than from a 
single jurisdiction. The effect is to "throw black concentrations 
of population in individual districts into countywide white majo- 
rities, depriving blacks of any opportunity to elect candidates 
of their choice. "127 At-large elections appear to have a severe 
effect, for when these systems have been abolished the number of 
minorities elected has risen dramatically. 128 This method is used 
extensively in North Carolina county governments. The 55 counties 
that use the at-large method alone are listed in appendix G along 
with the other methods of election used in North Carolina's counties. 

The at-large method is seldom used in isolation. In 34 
counties, candidates must reside in specific districts or section 
of a jurisdiction. Nine counties use a variation with a similar 
effect. There would be one specific position for each district, 
but the representative is chosen by the whole county. By separating 
each of the at-large positions into separate races for a district 
position, single shot voting is impossible. 129 This rule can have 
the same effect that the number-post requirements did. The combi- 
nation of these election systems and voting rules puts an added 
burden upon minorities running for office. 130 Sometimes a third 
burden is added. The terms of each of the several positions might 
expire in different years. Single shot voting is again made 
ineffective when these staggered terms are used. "The larger the 
number of candidates to split the votes among the majority, the 
greater the chances of the minority group will be" to elect some- 
one. Staggered terms reduce the number of candidates in a single 
election by cutting the number of open positions in half. 131 Each 
position is separated into a district race in which the opportu- 
nities for minority representation would be limited. Eighty county 
boards elect their governing bodies on staggered terms. The 
counties' terms of office are also listed in appendix G. 



■20- 



Multi-member district systems have also been associated with 
low levels of minority representation. North Carolina employs multi- 
member districts extensively, as does Virginia. In these two states 
combined, where 82 of 162 legislative districts were multi-member 
in 1980, blacks held only ten seats. 132 According to a report by 
the Voter Education Project, "..multi-member districts tend to give 
the majority party an even greater advantage and waste relatively 
more minority votes. "133 single-member districts, especially those 
which contain a majority of blacks, are more likely to elect a 
minority to a governing body. 134 

By changing the boundaries of an area of representation, the 
opportunity for minority election can be manipulated. A munici- 
pality can annex a white area of the county so that the black voting 
strength is diluted. In 1970, the Supreme Court held that annex- 
ation must be pre-cl eared under Section Five, due to its potential 
for diluting minority voting strength. 135 a report from the American 
Civil Liberties Union cited a dilution effect in Robeson County, 
North Carolina. 135 Between 1967 and 1970, three separate areas in 
the county were annexed into the administrative unit of the Lumberton 
City Board of Education. They did not submit this action to the 
Justice Department until 1974. The Attorney General handed down 
an objection to the annexation because he found, .... "the boundaries 
of these annexations were outlined in a convoluted, meandering 
fashion with the result that blacks and Indians were virtually 
excluded from the three annexations in question. "137 The Attorney 
General found discriminatory intent in the annexations, whose purpose 
was "to assure that the children of suburban whites could continue 
to attend city schools, rather than the predominantly minority 
county schools. "138 The opportunities for minority election within 
the city were further reduced and "separate but equal" facilities 
were maintained in the county. Other annexation attempts in North 
Carolina have been objected to by the Justice Department. Edge- 
combe County and Craven County were denied a total of 38 annexations. 

A more subtle effort to dilute minority representation is in 
effect in many North Carolina counties. John Edwards, from the 
Office of Economic Opportunity and former Director of the Voter 
Education Project, has suggested that some counties slyly allow 
one minority member on their governing board. 139 Without someone 
to second their motions, a Republican, Indian, or black voice would 
be rendered useless. In North Carolina, 12 out of the eighteen 
black elected county officials serve as the lone minority on their 
boards. , . 

A final barrier to fair representation results from candidacy 
problems. Intimidation, apathy, and a feeling that there is no way 
to win may work in combination to limit the number of minority 
candidates in North Carolina. In 1980 there were only eight black 
House candidates and two black Senate candidates. 1^0 It is even 



■21 



more difficult to elect minorities if there are few to choose from. 
Benjamin Ruffin, the Special Assistant for Minority Affairs to 
Governor Hunt, was quoted recently as saying, "It is an indictment 
of me and of eyery black in this state that we have only four blacks 
in the General Assembly. "141 Black North Carolinians who have been 
reluctant to run for office have not done so without just reason. 

With the myriad of obstacles to fair representation, minorities 
face slim chances of election and with few opportunities to be 
elected, there is little motivation to run. A campaign takes time, 
effort, money, and loss of privacy, so a candidate hopes to be 
rewarded for these expenditures. As a result it is next to impos- 
sible to find a candidate who would say he does not expect to win. 
The opportunities for elected office directly influence the interest 
of minorities to run. 142 Some counties cannot get Republicans to 
become candidates, so that the Democratic Primary determines the 
entire election. The importance of the opportunities for election 
has been clearly proven when discriminatory voting rules are 
eliminated. An increased number of minority candidates has accom- 
panied a change from at-large elections to single-member districts. 143 
Throughout the entire South and all other areas covered by Section 
Five, there is evidence that points to an increase in minority can- 
didates when election systems and voting rules are reformed. 144 

Once candidates launch a campaign, they often become targets 
of white disapproval. A Commission on Civil Rights report pre- 
sented such a case in North Carolina. 145 Through a 1981 interview 
with Granville Carter, a candidate for city council in Roanoke 
Rapids, the report related the details of his intimidation. Mr. 
Carter received threatening phone calls and many other expressions 
of disapproval. He was told that he, as a black man, was "not 
supposed to be in politics." The words of discouragement not only 
came from whites, but from the black community as well. Blacks 
related to Carter their fears that they would be adversely affected 
by his candidacy. Mr. Carter believes that they were pressured by 
their white employers to give him that message. Minority candi- 
dates must rely on white support in order to win North Carolina 
elections, so access to the white community is essential for a 
successful campaign. Some candidates, such as George Young in 
Halifax County, have found it difficult, if not impossible, to 
recruit white campaign workers. 145 He was reluctant to send black 
workers into the white areas to campaign for him, therefore he 
could not gain the support he needed to win a countywide election. 147 

Obstacles to fair representation are perhaps the most devas- 
tating of all, not only to minority candidates who suffer the 
defeat but also the hopes of minority citizens. The discriminatory 
effect of these voting rules and boundary distinctions is obvious 
to minorities. Their effect is obvious to the Justice Department 



-22- 



also, as evidenced by the number of objections to such changes. 
While forty counties have this preclearance protection from changes, 
obstacles to fair representation persist in them today. Unfortu- 
nately, most of these systems were adopted prior to 1965 and are 
entirely beyond the reach of Section Five. The only recourse to 
discrimination in these counties and in the sixty non-covered 
counties has been Section Five. Before the 1981-1982 amendments 
to the Voting Rights Act, Section Two offered little relief from 
discriminatory voting laws and boundary distinctions, but now the 
"intent" test has been abandoned. Minorities themselves can be an 
effective mechanism for seeking this relief as they file suit 
against these practices. Once these barriers are defeated, apathy 
and discouragement should begin to fall away. More minorities 
voting, campaigning, and being elected may soon be a reality. 



-23- 



nOTES 



^Seminar with Reverend Charles Ward, Raleigh, North 
Carolina, June 21, 1982. 



2"North Carolina: Less Far To Go, Slower Pace To Get 
There," The Charlotte Observer , 1 May 1 981 , p. 9. 

3lbid . 

479 Stat. 437, 43 U.S.C. I 1973 (1964 ed . Supp. I). 

542 U.S.C. § 1973, 1973 b (f) (2) (1976). 

^2 U.S. § 1973 b (b). 

^ The Voting Rights Act: Unfulfilled Goals (Washington, 
D.C.: The United States Commission on Civil Rights, September 
1981 ), pp 97, 100. 

8pub. L 91-285 § 4. 

^ Unfulfilled Goals , Washington, D.C.: United States 
Commission on Civil Rights, September 1981, p. 5. 

^Olbid, p. 8. 

^hbid. 

12 ibid . 

'-^Laughlin McDonald, Voting Rights in the South: Ten Years 
of Litigation Challenging Continuing Discrimination Against Minorities 
(Atlanta, Georgia: ^Special Report of the American Civil Liberties 
Union, January 1982), p. 21 . 

^^42 U.S.C. § 1973 c. 

^^A. P. Miller, "The Voting Rights Act and the 1981 Amend- 
ments" : an unpublished paper, p. 5. 

iS ibid ., p. 8. 

^''fjafj-jne Cohodas, "Civil Rights Victory: Voting Rights 
Act Extension Cleared for President Reagan," Congressional Quarterly : 
Weekly Report, 40 n. 26 (1982), pp 1503-1504. 



-24- 



'"Ibid. 
19ibid. 



20 



Ibid 



^^Nadine Cohoda, "Senate Judiciary Approved Voting Rights 
Bill," Congressional Quarterly : Weekly Report , 40 no. 26 (1982) 
p. 1041 . 

22jbid. , p. 1042. 

23Nadine Cohodas, "Civil Rights Victory," p. 1503. 

^^Nadine Cohodas, "Senate Passes Extension of Voting Rights 
Act," Cong ressional Quarterly: Weekly Report , 40 no. 26 (1982), 
p. 1456. 

25Nadine Cohodas, "Senate Judiciary Approves", p. 1042. 

^S jbid . 

^^Nadine Cohodas, "Civil Rights Victory," p. 1504. 

28ibid. 



29ibid. 


30ibid. 


31 Ibid. 


32ibid. 


33ibid. 
34ibid. 
35ibid. 


36ibid. 


37 1 bid. 


38ibid. 



39"At-large Elections Challenged: Court Clarifies Evidence 
Rules," The News and Observer, 2 July 1982, p. 1. 



-25- 



4 0lbid ., p. 15. 
^hbid. 
42ibid. . 



'^^William H. Towe, Barriers to Black Political Partici- 
pation in North Carolina. (Atlanta, Georgia: Voter Education 
Project, March 1972). p. 11 . 

'^^"Less Far to Go, Slower Place to Get There." The 
Charlotte Ob s erver , 10 May 1981, p. 9. 

45a. L. May, "Voting Rights: Is U. S. Law Still Needed?," 
The News and Observer , 23 August 1981, p. 1. 

46 ibid . 

'^''"Registration Statistics, " 1980, published by the North 
Carolina State Board of Elections. 

48"Less Far to Go, Slower Pace to Get There." The 
Charlotte Observer , 10 May 1981, p. 9. 

'^^A. L. May, "Voting Rights: Is U. S. Law Still Needed?," 
The News and Observer , 23 August 1981, p. 1. 

50 lbid . 

5^ "Registration Statistics," 1980, published by the North 
Carolina State Board of Elections. 

52"Registration Statistics", 1980, published by the North 
Carolina State Board of Elections. 

^^Unfulfilled Goals, Washington, D. C: United State Com- 
mission on Civil Rights, September 1981, p. 5. 

54 ibid ., p. 15. 

^^''Registration Statistics," 1980, published by the North 
Carolina State Board of Elections. 

^^A. L. May, "Voting Rights: Is U. S. Law Still Needed?", 
The News and Observer , 23 August 1 981 , p. 1 . 

^'^Ibid. 

SSjbid. 



■Zb- 



^^Laughlin McDonald, Voting Rights in the South: Ten Years 
of Litigation Challenginy Continuing Discrimination Against Minori- 
ties (Atlanta, Georgia: Special Report of the American Civil Liberties 
Union, January 1982), p. 21. 

^O lbid ., p. 22. 

61 lbid ., p. 24. 

62ibid., p. 41 . 

^-^ Unfulfilled Goals , Washington, D. C. : United States Commis- 
sion on Civil Rights, September 1981, p. 5. 

^''^Raymond E. Wol finger and Steven J. Rosenstone, Mho Votes ? 
(New Haven and London: Yale University Pres, 1980), p. 51. 

65 ibid . 

^^ ibid . 

67 unfulfilled Goals , Washington, D. C: United States Com-' 
mission on Civil Rights, September 1981, p. 5. 



68 



Ibid. 



"^ Voting Rights in Alabama, Georgia, Mississippi and South 
Carolina (Report of the Alabama, Georgia, Mississippi and South 
Carolina Advisory Conmlttees to the United StatesCommission on Civil 
Rights, March 1982), p. 39. 

^'^Laughlin, McDonald, Votin g Rights in the South: Ten Year s 
of Litigation Challenging Continuing Discrimination Against Minorities 
(Atlanta, Georgia: Special Report of the American Civil Liberties 
Union, January 1982), p. 21 . 

'^^ Unfulfilled Goals , Washington, D. C: United States 
Commission on Civil Rights, September 1981, p. 5. 

''^North Carolina General Statutes, Art. VIII § 163-67. 

^^ Ibid . ^ 

74lbid. 

75citizens Awareness Year 1982: Ge neral Information on 
Registration in 100 Counties (Raleigh, N.CTT State Board of Elections, 
April 1982). 



■27- 



^^Ibid. 

''^North Carolina, General Statutes, Art. VIII, § 163-69. 

^^ Ibid . 

79ibid. 

^O Unful filled Goals , Washington, D. C: United States Com- 
mission on Civil Rights, September 1981, p. 27. 



81 



Ibid. 



^^ Ibid . ■ 

83 ibid . 

84"special Purge Report for 1980", published by the North 
Carolina State Board of Elections. 

S^Wol finger and Rosenstone, p. 80. 

86^id^. , p. 62. 

87 ibid . 

S^North Carolina, General Statutes, Art. VII, § 163-72. 

S^Citizens' Awareness Year 1982: General Information on 
Registration in 100 Counties (Raleigh, N. C: State Board of 
Elections, April 1982). 

^Q unfulfilled Goals, Washington, D.C.: United States 
Commission on Civil Rights, September 1982, p. 28. 

^^ Interview with Barbara Wills, campaign workers, Raleigh, 
N. C, 19 July 1982. 

52u. S. Department of Commerce Bureau of the Census, 
Voting and Registration in the Election of November 1980 , Series 
P-20, No. 359, Issued Jan. 1981, pp 2-3. 



93 



U. S. Department of Commerce, Bureau of the Census, 



Population Characteristics 1978, Series P-20, No. 359, 
94ibid. 
95 ibid . 
96ibid. 



-2a- 



^'Penn Kimball, Tlie Disconnected^, New York and London: 
Columbia University Press 1972, p. 289. 

5°Arthur Twining Hadley, The Empty Polling Booth (Englewood 
Cliffs, N. J.: Prentice-Hall, Inc., 1978), p. 40. 

^^Kevin P. Phillips, Electoral Reform and Voter Partici pa- 
tion: Federal Registration, a False Remedy for Voter Apathy (WasTn 
ington: American Enterprise for Public Policy Research 1975). 

^QQ jbid ., p. 14. 



101 



Ibid. 



^^^Arthur Twining Hadley, The Empty Polling Booth (Englewood 
Cliffs, N. C: Prentice-Hall, Inc. , 1978), p. 40. ~ 

I03lbid., p. 41 . 

^O'^Penn Kimball, The Disconnected , New York and London: 
Columbia University Press 1972, p. 301. 

''^^Kevin P. Phillips, Electoral Reform and Voter Participa- 
tion: Federal Registration, a False Remedy for Voter Apathy , Wash- 
ington, D. C. : Institute for Public Policy Research, 1975, p. 14. 



106 



Ibid., p. 73 



"^'Arthur Twining Hadley, The Empty Polling Booth (Englewood 
Cliffs, N. J.: Prentice-Hall, Inc., 1978), p. 40. 

IQ^ ibid ., p. 108. 

1 09 

""^Penn Kimball, The Disconnected , New York and London: 

Columbia University Press, 1972, p. 289. 

''^Arthur Twining Hadley, The Empty Polling Booth (Englewood 
Cliffs, N. J.: Prentice-Hall, Inc., 1978), p. 74. 

^^ hbid ., p. 40. 

^^^ ibid ., p. 88. 

^^^ Ibid ., p. 89. 

1l4penn Kimball, The Disconnected, New York and London: 
Columbia University Press 1972, p. 295. 

115lbid., p. 296. 



116 



Ibid 



^^7 unfu1 filled Goals , Washington, D.C.: United States 
Commission on Civil Rights, September 1982, p. 38. 

^ ' ^Wi 1 1 i am H . To we , Ba rriers to Black Political Participation 
in North Carol ina . Atlanta, Georgia: Voter Education Project, Inc., 
March 1972, p. 24. 



119 



Ibid 



p. 889 



120 congressional Quarterly's Guide to U. S. Elections , 1975< 



^^^Laughlin McDonald, Voting Rights in the South: Ten Years 
of Litigation Challenging Continuing Discrimination Against Minorities 
(Atlanta, Georgia: Special Report of the American Civil Liberties 
Union, January 1982), p. 21 . 

122North Carolina, General Statutes, Art. X § 162-111. 
^23ibTd. • 

^^^ Unfulfilled Goals. Washington, D. C: United States Com- 
mission on Civil Rights, September 1931, p. 39- 

^^^Laughlin McDonald, Voting Rights in the South: Ten Years 
of Litigation Challenging Continuing Discrimination Against Minorities 
(Atlanta, Georgia: Special Report of the American Civil Liberties 
Union, January 1982), p. 21 . 



126 



Ibid 



l^^ lbid ., p. 40. 

^^Su nfulfilled Goals, Washington, D.C.: 
mission on Civil Rights, September 1981, p. 40 



United States Com- 



129 



Ibid. 



^30 ibid . 

'■^^ William H. Towe, Barriers to Black Political Participa- 
tion in North Carol ina . Atlanta, Georgia: Voter Education Project, 
Inc. , March 1972, p. 17. 

^^^ Unfulfilled Goals, Washington, D. C: United States Com- 
mission on Civil Rights, September 1981, p. 41. 



■30- 



^■^■^Will iam H. Towe, Barriers to Blac k Poli tical Participa- 
tion 1n No rth Carolina. Atlanta, Georgia: Voter Education Project, 
Inc.", March 1972, p. 25. 

^34 unfu1 filled Goals , Washington, D.C.: United States Com- 
mission on Civil Rights, September 1981, p. 38. 

135 perk1ns v. Matthews , 400 U.S. 379, 388 (1971). 

'■^"Laughlin McDonald, Voting Rights In the South: Ten Years 
of Litigation Challenging Continuing Discrimination Against Minorities 
(Atlanta, Georgia: Special Report of the American Civil Liberties 
Union, January 1982), p. 53. 

"'37j_bid. , p. 54. 

138Tbid. 

139seminar with John Edwards, Raleigh, N. C, 21 July 1982. 

^'^^A. L. May, Voting Rights: Is U. S. Law Still Needed?", 
The News and Observer , 23 August 1981, p. 1 . 

141ib1d. 

^''^^ Unful filled Goals , Washington, D. C: United States Com- 
mission on Civil Rights, September 1981, p. 41. 

^^3ibld. 

144ibld. 

^^^ ibid ., p. 58. 

146 ibid ., p. 59. 

147ib1d. 



-31 



APPENDIX A: THE VOTING RIGHTS ACT 



The appendix contains a list of all North Carolina jurisdic- 
tions covered by the Voting Rights Act. 

JURISDICTIONS COVERED UNDER THE VOTING RIGHTS ACT OF 1965 
AS AMENDED IN 1970 AND 1975 



Coverage Limited to the Original 
Voting Rights Act 

Anson 

Beaufort 

Bertie 

Bladen 

Camden 

Caswell 

Chowan 

Cleveland 

Craven 

Cumberland 

Edgecombe 

Franklin 

Gaston 

Gates 

Granville 

Greene 

Guilford 

Halifax 

Harnett 

Coverage Limited to the Minority 
Voting Rights Act 



Special Provisions of the 

Hertford 

Lee 

Lenoir 

Martin 

Nash 

Northampton 

Onslow 

Pasquotank 

Perquimans 

Person 

Pitt 

Rockingham 

Scotland 

Union 

Vance 

Washington 

Wayne 

Wil son 

Language Provisions of the 



Swain 



American Indian 



-32- 



Combined Coverage Under the Preclearance Provisions and the 
Minority Language Provisions of the Voting Rights Act. 



Hoke 

Jackson 

Robeson 



American Indian 
American Indian 
American Indian 



■33- 



APPENDIX B 

Table B.l contains comparisons between covered and non- 
covered counties. Table B.2 lists the number of changes submitted 
from jurisdictions covered by Section Five of the Voting Rights 
Act by state and year. Table B.3 lists these same changes but by 
year and type of change, for a clearer understanding of the type 
of changes Section Five covers. Table B.4 lists the number of 
objections returned to each state by the Justice Department since 
1955. Table B.5 organizes these changes by type and puts them 
in order by percentage of all objections. Finally, Table B.6 
is a detailed list of all objections which the Justice Department 
has returned to North Carolina submissions. 

Table B-1 COUNTIES NOT INCLUDED IN THE PROVISIONS OF 
THE VOTING RIGHTS ACT, SECTION 5 

A. Percentage of the Total Population Registered (1982) 

total registered 1 ,630,248 _ ^- ^co, 

total voting age population 2,554,782 



B. Percentage of the Non-White Population Registered (1982) 

45.54% 



total non-whites registered 201 ,809 
total non-white voting age popu- 432,525 
lation 



C. Percentage of Registered Voters that Cast Ballots for President 
in 1976 

total votes cast 1 ,118,000 ^ c-, . .„, 

total registered 1,657,757 ^' ■'^'^'^ 

D. Pei^centage of Registered Voters that Cast Ballots for President 
in 1980, 

total votes cast 1 ,231 ,544 _ ,n _.„ 

total registered 1,802,183 oa.>34/. 

COUNTIES COVERED BY THE VOTING RIGHTS ACT, SECTION 5 

A. Percentage of the Total Population Registered (1982) 

total registered 853,550 _ (., , „ 

total voting age population 1,559,993 ' ° 



■34- 



B. Percentage of the Non-White Population Registered (1982) 



total non-whites registered 200,1 53 
total non-white voting age popu- 509,875 
lation 



39.25% 



Percentage of Registered Voters that Cast Ballots for President 
in 1976 



total votes cast 
total registered 



559,906 ^ 
895,960 ^^■^^'' 



Percentage of Registered Voters that Cast Ballots for President 
in 1980 



tot al votes cast 
total registered 



624,189 
972,661 



64.17% 



Source: North Carolina State Board cf Elections 



-35- 



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-38- 

Table B- 5 

NUMBER OF CHANGES SUBMITTED UNDER SECTION 5 TO WHICH 
OBJECTIONS BY DEPARTMENT OF JUSTICE WERE INTERPOSED, BY 
TYPE OF CHANGE, 1975-1980 



Type of Change 



Annexations 

At-large elections 

Majority vote 

Numbered Posts 

Redistricting/boundary changes 

Pol 1 ing place changes 

Residency requirements 

Staggered terms 

Single-member districts 

Change in number of positions 

Multimember districts 

Registration and voting procedures 

Requirements for candidacy 

Election date change 

Change in terms of office 

Bilingual procedures 

New voting precinct 

Consolidation and incorporation 

Change from appointive to elective/elective 

to appointive 
Miscellaneous 

TOTAL 



Note: The above figures count each element of an objection separately. 
For instance, if the Department of Justice objected to a proposed 
change of six polling places, this was counted as six proposed changes, 
but the Department of Justice data counted it as one objection. The 
total number of proposed changes in this table is, therefore, larger 
than the total number of objections from the Department of Justice 
data above. The above figures do not include objections subsequently 
withdrawn. Column does not total 100 percent due to rounding. 

(Source: U. S. Commission on Civil Rights analysis of Department of 
Justice objected letters) 



Objections 


Number 


Percent 


235 


30.5 


80 


10.4 


65 


8.6 


60 


7.8 


56 


7.3 


55 


7.2 


42 


5.5 


36 


4.7 


25 


3.4 


15 


1.9 


13 


1 .7 


13 


1.7 


12 


1 .6 


n 


1.4 


8 


1 .0 


8 


1.0 


6 


0.8 


6 


0.8 


3 


0.4 


19 


2.5 


770 


100.2 



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-40- 



APPENDIX C 



The following tables illustrate the effectiveness of the 
Voting Rights Act of 1965. Table C.l compares the number of black 
elected officials by state and position for 1974 and 1980, since 
the 1975 amendments have been credited with starting an upsurge 
in black elections. The Joint Center for Political Studies, the 
source of this table, computed the percentage increase in black 
elected officials and in Table C.2 computed their percentage 
of all elected officials. This table also presents the percent 
of blacks in each state as a whole in order to highlight the 
persistent disparity between representation for whites and blacks. 
Table C.3 lists the total number of voters registered, voting age 
population, percentage total voting age registered, white and non- 
white registration and their percentages. The county-by-county 
information was compiled from a February 9, 1982 report by the 
State Board of Elections. This table also contains a tentative 
listing of black elected officials based on a publication titled 
National Roster of Black Elected Officials 1981 from the Joint 
Center for Political Studies in Washington, D.C. 



-41- 



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-52- 



APPENDIX D: SURVEY RESULTS 

Thirty-eight counties were selected as survey targets. In 
order to select these test counties, e\/ery North Carolina county 
was designated according to its size and its location within the 
state. The five size categories ranged from small (20,000) to 
extra-large (200,000) and there were three geographic designations: 
west, piedmont, and east. The sample counties were selected on 
the basis of both designations, so that every size category is 
represented in each geographic category. Approximately one half 
of the counties are covered by Section Five of the Voting Rights 
Act, and the population of these counties approximates the state's 
proportion with 23 percent non-white. 

After these counties were selected, the Supervisor of Elections 
was surveyed by phone. Some key results are included in the table 
as follows: When asked to give a racial breakdown of registration 
commissioners and precinct officers (judges and registrars), if 
the Supervisor was not sure of this number he or she was asked to 
give an estimate. Six counties had no estimate. Other results 
are self-explanatory. 

Some other survey questions were answered only by a few 
counties so these results are not printed. Only six counties 
conducted a racial breakdown of their purge figure. Very few 
counties know when their present election laws were adopted. 

Some opinion questions were included in the survey in order 
to get an idea of the attitudes of the county boards. The question 
usually asked the Supervisor's opinion of the success of this 
year's registration efforts and then was asked to elaborate. 



-53- 



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■57- 



APPENDIX E: PURGE FIGURES 

The purge figures for 1980 were compiled from a special purge 
report of the State Board of Elections. This report listed the 
number of purge letters mailed, the number of voters responding, 
and the total number purged. In most counties the number of letters 
mailed, less the number of voters responding gave the total purge 
figure. There were several exceptions. For example, Duplin County 
sent 3,100 letters, but purged 5,201 voters. Jones County sent 
578 letters, received 61 responses, but purged only 258 voters. 

On October 6, 1980, the State Board of Elections reported a 
total registration of 2,774,844 persons. With a total purge of 
274,187 we get a purge-to-registration ratio of approximately 10 
percent. 

In order to make purge comparisons on the basis of race, regis- 
tration figures for October 5, 1980 were compared with the figures 
for May 29, 1981, which was the first time registration statistics 
were compiled after the purge. The racial breakdown for these 
dates are included in Registration Statistics Park II (Racial and 
Miscellaneous Designations). 

White Black Indian/Other Total 

1980 

Registration 2,313,722 439,713 21,409 2,774,844 

1981 

Registration 2,081,836 384,457 17,495 2,483,798 



Difference 231,886 55,246 3,914 291,046 



-58- 



1980 

Percentage 
of Registered 
Voters 



White 



33.38% 



Black 



15.84% 



Indian/Other 



Non-White 
16.61% 



,77% 



1981 

Percentage 
of Registered 
Voters 


83.81% 


15.47% 

Non-White 
16.18% 


.70% 


Difference 
1930-81 


+0.43% 
79.67% 


-0.37% 
18.98% 


-0.07% 
1.34% 



Percentage 
of the Purge 



So, blacks and Indians were purged at a higher rate than their 
proportional share of the registered population. As a result, the 
proportion of non-white registered voters after the purge fell by 
approximately .43%, with the white share rising by that amount. 
Even though each race lost registered voters to the purge, the 
white share of registered voters grew. This trend contributes to 
the falling percentages of registered minorities in North Carolina. 



fable E-1 



-59- 



VOTERS PURGED FROM REGISTRATION RECORDS AS OF 1980 



ounty 



Final No. 
Voters Purged 



nance 
xander 

ieghany 

jon 

i 
e 

ry 

ufort 

tie 

den 

nswick 

combe 

ke 

.^arrus 

. dwel 1 

iden 

'teret 
..well 
::awba 
iitham 
^Tokee 
;)wan 

Ijveland 

lumbus 

iven 

.(iberl and 
JTituck 

J/idson 
ne 

llin 

pam 

^gecombe 

"syth 

anklin 



4,124 

1,310 

438 

1,151 

938 

806 

1,606 

1,338 

380 

2,115 

8,980 

4,076 

3,826 

3,484 

85 

2,030 

465 

3,211 

2,104 

907 

420 

286 

3,697 

2,996 

1,350 

8,478 

434 

560 

3,655 

943 

5,201 

10,050 

4,005 

17,350 

1,295 



County 



Final No. 
Voters Purged 



Gaston 

Gates 

Graham 

Granvil le 

Greene 

Gui Iford 

Hal ifax 

Harnett 

Haywood 

Henderson 

Hertford 

Hoke 

Hyde 

Iredell 

Jackson 

Johnston 

Jones 

Lee 

Lenoir 

Lincoln 

Macon 

Madison 

Martin 

McDowell 

Mecklenburg 

Mitchell 

Montgomery 

Moore 

Nash 

New Hanover 

Northampton 

Onslow 

Orange 

Paml ico 

Pasquotank 



NA 

343 

400 
2,126 

348 
21,849 
4,331 
2,611 
1,842 
2,747 
2,364 

544 

324 
3,362 
1,629 
4,059 

258 
2,116 
4,228 
2,324 
1,342 
1,499 
1,510 

244 
11,988 

305 
1,038 
1,654 
4,224 
5,440 
2,120 
2,955 
3,410 

581 

986 



County 



Final No. 
Voters Purged 



Pender 

Perquimans 

Person 

Pitt 

Polk 

Randolph 

Richmond 

Robeson 

Rockingham 

Rowan 

Rutherford 

Sampson 

Scotland 

Stanly 

Stokes 

Surry 

Swain 

Transylvania 

Tyrrel 1 

Union 

Vance 

Wake 

Warren 

Washington 

Watauga 

Wayne 

Wilkes 

Wilson 

Yadkin 

Yancey 

TOTAL 



742 

296 
2,742 
1,993 

830 
5,113 
2,027 
7,474 
3,141 
3,845 
1,716 
2,235 

633 
2,243 
2,540 
2,877 

797 
1,398 

280 

1,677 

1,964 

11,191 

815 

970 
1,577 
4,122 
2,286 
3,294 
1,530 

634 

274,187 



-60- 



APPENDIX F 

These two tables give the percentage of registered voters in 
each county that cast ballots for president in 1976 and 1980. The 
votes for each candidate were totaled to get the figure in the 
far right column. The percentage was obtained by dividing the 
total vote cast by total registration figures after the books closed 
in 1976 and 1980. • ' -V ■ 



Nov. 1976 
Table F-1 -51 - 

I^RECENTAGE OF REGISTEREU VOTERS CASTING BALLOTS 
FOR PRESIDENT IN 1976 





No. 


Total 








Pre- 


Regis- 


% Registered 


Total Votes 


County 


cincts 


tration 


Voters Voting 


Cast 


Alamance 


30 


44,114 


68.5 


30,231 


Alexander 


16 


13,204 


75.5 


9,975 


Al leghany 


7 


5,725 


71.5 


4,095 


Anson 


13 


9,546 


67.3 


6,422 


Ashe 


19 


13,530 


75 


10,155 


Avery 


19 


7,150 


69.8 


4,992 


Beaufort 


30 


17,533 


59.7 


10,457 


Bertie 


12 


11,123 


49.2 


5,470 


Bladen 


17 


13,638 


55.6 


7,589 


Brunswick 


20 


15,358 


67.6 


11,066 


Buncombe 


51 


72,195 


68.4 


49,379 


Burke 


39 


32,071 


76.2 


24,431 


Cabarrus 


35 


33,062 


74.5 


24,630 


Caldwell 


28 


29,506 


74.1 


21,856 


Camden 


3 


2,537 


58.6 


1,809 


Carteret 


33 


18,780 


68.9 


12,939 


Caswell 


14 


8,202 


66.9 


5,489 


Catawba 


40 


51,644 


69.1 


35,708 


Chatham 


23 


16,239 


56 


10,725 


Cherokee 


16 


11,220 


61 


6,848 


Chowan 


6 


5,389 


53.6 


2,889 


Clay 


7 


4,233 


71.1 


3,012 


Cleveland 


28 


31,073 


72.7 


22.588 


Columbus 


26 


24,831 


58 


14,401 


Craven 


23 


22,643 


59.8 


13,543 


Cumberland 


53 


57,936 


66.8 


38,683 


Currituck 


12 


4,504 


64.5 


2,970 


Dare 


15 


5,704 


68.2 


3,891 


Davidson 


44 


51,542 


71.5 


36,855 


Davie 


12 


11,575 


73.1 


8,462 


Dupl in 


20 


20,786 


56.2 


11,694 


Durham 


43 


53,314 


65.6 


41,533 


Edgecombe 


20 


21,085 


61.5 


12,958 


Forsyth 


80 


129,513 


60.8 


78,808 


Frankl in 


11 


13,640 


59.3 


8,093 


Gaston 


44 


63,872 


66.9 


42,764 


Gates 


7 


4,815 


62.9 


3,028 


Graham 


5 


4,678 


73.2 


3,424 


Granvi 1 le 


15 


14,864 


55.5 


8,245 


Greene 


13 


5,511 


62.4 


4,124 


Guilford 


81 


142,661 


65 


92,740 


Halifax 


30 


25,625 


51.7 


13,254 



-62- 



(1975) 





No. 


Total 








Pre- 


Regis- 


% Registered 


Total Votes 


County 


cincts 


tration 


voters voting 


Cast 


Harnett 


22 


23,303 


64.3 


14,985 


Haywood 


31 


22,801 


73 


16,648 


Henderson 


22 


27,227 


70.3 


19,147 


Hertford 


9 


10,804 


51 


5,510 


Hoke 


13 


6,491 


63.5 


4,123 


Hyde 


7 


2,948 


58.2 


1,717 


Iredell 


23 


35,720 


70.3 


25,131 


Jackson 


16 


13,029 


67.4 


8,785 


Johnston 


29 


33,037 


57.1 


18,879 


Jones 


8 


5,074 


59.3 


3,011 


Lee 


11 


17,264 


51.1 


8,831 


Lenoir 


22 


23,742 


65.2 


15.474 


Lincoln 


24 


22,328 


72.6 


16,210 


Macon 


15 


10,769 


75.4 


8,118 


Madison 


11 


10,304 


57.2 


5,895 


Martin 


13 


11,440 


56.6 


6,477 


McDowell 


18 


15,700 


68.4 


10,746 


Mecklenburg 


107 


189,826 


66 


125,399 


Mitchell 


13 


9,811 


58.9 


5,780 


Montgomery 


14 


11,104 


54.9 


7,211 


Moore 


21 


21,003 


71.5 


15,020 


Nash 


24 


25,856 


68.1 


17,615 


New Hanover 


29 


42,392 


67.2 


28,477 


Northampton 


17 


12,999 


49.1 


6,379 


Onslow 


26 


23,816 


58.6 


13,970 


Orange 


35 


36,360 


69.4 


25,226 


Pamlico 


17 


4,736 


67.7 


3,209 


Pasquotank 


14 


11.254 


62.2 


6,996 


Pender 


16 


9,540 


68.5 


6,537 


Perquimans 


7 


3,715 


69.4 


2,580 


Person 


14 


15,074 


46.6 


7,033 


Pitt 


26 


31,110 


68.4 


21,288 


Polk 


10 


8,163 


71.2 


5,812 


Randolph 


39 


42,369 


64.2 


27,197 


Richmond 


16 


19,973 


58.4 


11,664 


Robeson 


39 


48,340 


53.2 


25,699 


Rockingham 


31 


33,093 


69.1 


22,871 


Rowan 


45 


44,564 


67.7 


30,229 


Rutherford 


35 


23,373 


73.2 


17,121 


Sampson 


24 


23,734 


67 


15,902 


Scotland 


8 


11,439 


55.8 


6,384 


Stanly 


29 


23,627 


77 


18,187 


Stokes 


22 


18,608 


68.3 


12,711 


Surry 


29 


27,233 


64.2 


17,490 


Swain 


7 


6,140 


61.4 


3,771 


Transylvania 


18 


13,129 


66.9 


8,791 



-63- 



(1976) 





No. 


Total 








Pre- 


Regis- 


% Registered 


Total Votes 


County 


cincts 


tration 


Voters Voting 


Cast 


Tyrrel 1 


6 


2,016 


64.7 


1,305 


Union 


25 


24,872 


67.7 


16,840 


Vance 


16 


14,786 


64 


9,461 


Wake 


75 


132,131 


67.2 


88,775 


Warren 


14 


7,658 


60.5 


4,635 


Washington 


7 


5,764 


75.6 


4,361 


Watauga 


19 


13,585 


79.6 


10,817 


Wayne 


20 


30,067 


63.2 


18,993 


Wilkes 


32 


31,388 


70.2 


22.024 


Wilson 


21 


24,809 


60.8 


15,084 


Yadkin 


13 


14,519 


72.1 


10,468 


Yancey 


11 


9,079 


73.2 


6,649 


TOTALS: 


2,346 


2,553,717 




1,677,906 



-64- 
Table F-2 



['[kClNIAGl 01 KLGlSILKLIi VOTLKS CASTING liAILUl' 
IDIi I'RLSIULNI IN 1980 





"No. 


Tulal 


. . - . . . ^ .„. . ... 






Pre- 


Regis- 


% Keijistered 


TdIjI Votes 


County 


cincts 


tration 


Voters VoLing 


Cast. 


Alamance 


30 


40,696 


69.9 


34,066 


Alexander 


16 


14,621 


/6 


11,109 


Al leghany 


7 


6,002 


/1. 8 


4,310 


Anson 


13 


10,825 


65.5 


7,087 


Ashe 


19 


14,522 


/I 


10,312 


Avery 


19 


7,720 


6/.1 


5,182 


Beaufort 


30 


17,838 


73.1 


13,03/ 


Bertie 


12 


9,250 


60.9 


5,632 


Bladen 


17 


14,301 


62.5 


8,941 


Brunswick 


20 


19,950 


65.2 


13,003 


r.uncumbe 


bl 


76,431 


70 


53,530 


lUir'ke 


39 


35,784 


71 


25,41/ 


Cabarrus 


30 


38,669 


G6.2 


25,585 


Caldwell 


27 


32,291 


69.1 


22,310 


Camden 


3 


2,878 


72.5 


2,088 


Carteret 


34 


21,655 


68 . 2 


14, /67 


Caswell 


14 


8,463 


68.3 


5,77/ 


Catawba 


40 


50,414 


75.1 


37,878 


Chatham 


23 


19,033 


69.4 


13,205 


Cherokee 


16 


11,900 


59.5 


7,079 


Chowan 


6 


6,103 


60 


3,660 


Clay 


7 


5,066 


70 


3,547 


Cleveland 


28 


35,051 


67 


23,49!:; 


Co luinbus 


26 


2 7,508 


5/. 9 


15.940 


Craven 


23 


25,713 


65.3 


16,783 


Cumberland 


55 


66,021 


68.5 


45.228 


Currituck 


12 


5,415 


69.9 


3,786 


Dan: 


I'.i 


«, lO'J 


69.2 


I;.6I5 


Davidson 


44 


54,200 


70.6 


38,269 


Davie 


12 


13,2/8 


74.4 


9,880 


iiiip 1 in 


,"() 


21, i(,l 


61.2 


13, (II. 'J 


Dui ham 


44 


70,813 


G/.6 


4 7,90 1 


IJdgecombe 


20 


22,810 


61.6 


14,056 


Fursyth 


79 


132,703 


63.9 


04 , 798 


hr'ank 1 in 


1 1 


12,98/ 


69.9 


9,08! 


Gaston 


42 


65,720 


58.8 


4 5,204 


Gates 


7 


5,154 


67.3 


3,46/ 


Graham 


5 


5,208 


69.4 


3,615 


Gr.uiv i 1 le 


18 


15, !(./ 


61 


9,246 


Grrrne 


13 


/,J43 


69 . 6 


5, 113 


Cu i 1 1 ui-(l 


81 


165, /2n 


61.9 


102,622 


Hal ilax 


30 


23,655 


61.9 


14,648 



-65- 



( 1980) 





No. 


Total 








Pre- 


Reyis- 


% Registered 


Tutal Votes 


County 


cincts 


trat ion 


Voters Votinij 


Cast 


Hjrnett 


?? 


26,080 


62 . '. 


16,29'. 


tlaywoud 


31 


23,994 


/2.H 


l/,452 


Henderson 


22 


32,539 


68.2 


22,181 


Hertford 


9 


11,728 


51.7 


6,060 


tluke 


13 


7,368 


62.8 


4,628 


Hyde 


7 


3,053 


6/. 9 


2,072 


Iredell 


23 


38,644 


71.9 


2/, 794 


Jackson 


18 


14,2/? 


65.2 


9,310 


Jones 


7 


5,534 


65.6 


3,360 


Johnston 


29 


34,005 


59.9 


20,3/6 


Lee 


12 


17,546 


60.3 


10,5/4 


Lenoir 


22 


25,046 


/0.7 


l/,/l4 


l.incu In 


24 


24,851 


59 . 2 


1/, 195 


Macon 


15 


12,293 


73.5 


9,031 


Madison 


11 


10,678 


55.9 


5,972 


Mart ill 


13 


l;',;'4;i 


60.'. 


/,4I2 


McUowe 1 1 


1/ 


18,,' 1 1 


58, . 2 


lO, (.()(. 


MecklenLiurg 


1 1 1 


i')5,0'l/ 


/3.3 


143,058 


Mitchell 


13 


8,819 


71.1 


6,2/0 


Montgomery 


14 


11,122 


70.5 


/.841 


Moori' 


?2 


24 , 589 


/6.9 


IB, 9 1 1 


Nash 


24 


29 , b9 / 


66 


1 9 , 60 1 


Nev/ IKinoviM- 


M 


49,92'. 


64 . 5 


32,244 


NcirthdiiiiiLun 


1/ 


1 1, hi') 


61.8 


(>,85l 


Onslow 


24 


28,643 


58.4 


16,736 


Orange 


35 


41,49/ 


68.9 


28,589 


Paiiil ico 


1/ 


5,360 


70.9 


3,803 


I'asquotank 


14 


11,419 


67.4 


7,698 


Pendei' 


17 


10,694 


70.5 


7,536 


Perquimans 


7 


4,142 


68.9 


2,854 


Person 


14 


13,727 


54.9 


/,534 


Pitt 


24 


35,147 


75 


26,3/1 


Polk 


10 


8,992 


62.4 


5,609 


Rarido Iph 


39 


47,415 


64.8 


30, /I/ 


Iv it hiiKiml 


K. 


l'i,,'/iii 


(.0. 1 


1 1 ,(.ii'i 


Kobeson 


39 


48, /88 


51.3 


25,030 


Uock inyhain 


30 


36,29/ 


64.8 


23,522 


Rowan 


43 


44,005 


69.7 


31,10') 


Kul.herl urd 


34 


2'.,0 1/ 


(./.8 


l(.,9(.l. 


Sampson 


24 


25,330 


69.4 


17,5/;; 


Scotland 


8 


12,031 


56.4 


6,782 


Stanly 


26 


25,5/3 


69.5 


l/,846 


Stokes 


22 


21,1 54 


62.6 


13,24'. 


Surry 


28 


29,73/ 


65.3 


19,408 


Swd in 


5 


6,586 


53.4 


3,520 


Transylvania 


18 


14,044 


65.3 


9, 1/'. 



-66- 



(1980) 





No. 


Total 








Pre- 


Regis- 


% Registered 


Total Votes 


County 


cincts 


tration 


Voters Voting 


Cast 


Tyrrel 1 


6 


2,062 


66.4 


1,370 


Union 


26 


27,805 


70.8 


19,688 


Vance 


16 


16,552 


59.1 


9,774 


Wake 


76 


154,672 


67.9 


105,193 


Warren 


14 


8,159 


66.5 


5,430 


Washington 


6 


7,575 


66.5 


5,037 


Watauga 


20 


16,475 


72.6 


11,959 


Wayne 


20 


34,444 


66.3 


22,836 


Wilkes 


30 


33,651 


68.5 


23,049 


Wilson 


21 


25,998 


64.2 


16,704 


Yadkin 


13 


16,863 


68.6 


11,570 


Yancey 


n 


10,282 


73.4 


7,546 


TOTALS: 


2,341 


2,774,844 




1^855^833 



-67- 



: APPENDIX G 



The following pages list each county by its method of election 
and by the terms of office for its county governing board. This 
list was compiled by Grainger R. Barrett of the North Carolina 
Institute of Government in 1981. 



-68- 



METHOD OF ELECTION 



55 boards are elected at large: 



Alamance 

Alexander 

Alleghany 

Ashe 

Avery 

Bladen 

Buncombe 

Burke 

Cabarrus 

Caldwell 

Catawba 

Clay 

Cleveland 

Cumberland 



Davidson 

Davie 

Durham 

Edgecombe 

Forsyth 

Graham 

Greene 

Guilford 

Haywood 

Hoke 

Iredell 

Jackson 

Johnston 

Jones 



Lee 

Lenoir 

Lincoln 

Madison 

McDowell 

Mecklenburg 

Nash 

New Hanover 

Onslow 

Orange 

Person 

Polk 

Randolph 

Rockingham 



Rowan 

Sampson 

Stanly 

Stokes 

Swa i n 

Transylvania 

Tyrrel 1 

Union 

Wayne 

Wil son 

Wilkes 

Yancey 

Yadkin 



34 boards are elected at large, but the county is divided into 
districts and candidates must meet district residence requirements: 



Anson 


Craven 


Hertford 


Pitt 


Beaufort 


Currituck 


Hyde 


Rutherford 


Bertie 


Frankl in 


Macon 


Surry 


Brunswick 


Gaston 


Martin 


Vance 


Caswell 


Gates 


Moore 


Wake 


Chatham 


Granvil le 


Northampton 


Warren 


Cherokee 


Hal ifax 


Paml ico 


Watauga 


Chowan 


Harnett 


Pender 




Columbus 


Henderson 


Perquimans 





3 boards dtre nominated by district voters only but elected at 
large : 



Carteret 



Dupl in 



Robeson 



2 boards are nominated and elected by district voters only: 
Mitchell Washington 

1 board has two at-large members and three members nominated and 
elected by district voters only: 



Camden 



■69- 



5 boards have one-at large member; the others are elected at large 
but with district residence requirements: 



Dare 
Montgomery 



Pasquotank 



Richmond 



Scotland 



TERMS OF OFFICE 



4 boards serve two-year terms 
Beaufort Durham 



Meckl en burg 



Yancey 



15 boards serve four-year terms: 



Alexander 


Clay 


Haywood 


Macon 


Buncombe 


Craven 


Jackson 


Madison 


Carteret 


Davidson 


Jones 


Stanly 


Cherokee 


Graham 


Lincoln 


Swain 



71 boards serve overlapping four-year terms: 



Alamance 

Alleghany 

Anson 

Ashe 

Bertie 

Bladen 

Brunswick 

Burke 

Cabarrus 

Caldwell 

Camden 

Caswell 

Catawba 

Chatham 

Chowan 

Cleveland 

Columbus 

Cumberland 



Currituck 

Dare 

Davie 

Dupl in 

Edgecombe 

Forsyth 

Frankl in 

Gaston 

Gates 

Granville 

Greene 

Guil ford 

Hal ifax 

Harnett 

Henderson 

Hertford 

Hoke 

Hyde 



Johnston 

Lee 

Lenoir 

Martin 

McDowell 

Mitchell 

Montgomery 

Moore 

Nash 

New Hanover 

Northampton 

Onslow 

Orange 

Pasquotank 

Pender 

Person 

Perquimans 

Pitt 



Randol ph 

Robeson 

Rockingham 

Rowan 

Rutherford 

Sampson 

Scotland 

Stokes 

Surry 

Transylvania 

Tyrrell 

Union 

Vance 

Wake 

Warren 

Washington 

Wayne 



9 boards serve a combination of two and four-year terms so that a 
majority of the board is elected biennially: 



Avery 


Polk 


Watauga 


Wil son 


Iredel 1 


Richmond 


Wil kes 


Yadkin 


Paml ico 









-70- 



A SELECTED BIBLIOGRAPHY 



Barrett, Grainger R. . Form of Government of North Carolina 

Counties . Chapel Hill, N.C.: Institute of Government, 
1981 . 

Citizens Awareness Year 1982: General Information on Registra- 
tion in All 100 Counties . Raleigh, N.C.: State Board 
of Election, April 1982. 

"Court Clarifies Evidence Rules." The News and Observer , 2 July 
1982. 

Hadley, Arthur Twining. The Empty Polling Booth . Englewood Cliffs, 
N.J.: Prentice-Hall, Inc., 1978. 

Kimball, Penn. The Disconnected . New York and London: Columbia 
University Press, 1972. 

May, A. L.. "Voting Rights: Is U.S. Law Still Needed?" The News 
and Observer , 23 August 1981. 

McDonald, Laughlin. Voting Rights in the South: Ten Years of 

Litigation Challenging Continuing Discrimination Against 
Minorities . Atlanta, Georgia: American Civil Liberties 
Union, 1982. 

"North Carol ina : Less Far To Go, Slower Pace To Get There." The 
Charlotte Observer , 1 May 1 981 . 

Phillips, Kevin P.. Electoral Reform and Voter Participation: 

Federal Registration, a False Remedy for Voter Apathy . 
Washington, D.C.: Institute for Public Policy Research, 
1975. 

T he Voting Rights Act: Unfulfilled Goals . Washington, D.C.: 

United States Commission on Civil Rights, September 1981. 

Towe, William H.. Barriers to Black Political Participation in 

North Carol ina . Atlanta, Ga.: Voter Education Project, 
Inc. , March 1972. 

Voting Righ ts in Alabama, Georgia, Mississippi and South Carolina . 
A Report of the Alabama, Georgia, Mississippi and South 
Carolina Committees to the United States Commission on 
Civil Rights, March 1982. 

Wol finger, Raymond E. and Steven J. Rosenstone. Who Votes? New 
Haven and London: Yale University Press, 1980. 



STATE LIBRARY OF NORTH CAROLINA 



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